AAV of Item 16 Attachment 4

This page is the Accessible Alternative Version (AAV) of Item 16 Attachment 4 from the California State Board of Education (SBE) Meeting Agenda for November 2013. The scanned Item 16 Attachment 4 (PDF) version is considered to be the official version of the document.

Economic and Fiscal Impact Statement

(REGULATIONS AND ORDERS). User entries from the STD. 399 (REV. 12/2008) Form.

Department Name: Education

Contact Person: Carolyn Nealon

Telephone Number: 916-327-0374

Descriptive Title From Notice Register Or From 400: Special Education (Version dated October 28, 2013)

Notice File Number: Z

Economic Impact Statement

Section A. ESTIMATED PRIVATE SECTOR COST IMPACTS (Include calculations and assumptions in the rulemaking record.)

Section A.1. Check the appropriate box(es) below to indicate whether this regulation:

• Selected option is H: None of the above (Explain below. Complete the Fiscal Impact Statement as appropriate)
• Option H explanation: The regulations would not impose any additional cost to the private sector.

Fiscal Impact Statement

Section A. FISCAL EFFECT ON LOCAL GOVERNMENT (Indicate appropriate boxes1 through 6 and attach calculations and assumptions of fiscal impact for the current year and two subsequent Fiscal Years.)

• Selected option is 4: No additional costs or savings because this regulation makes only technical, non-substantive or clarifying changes to current law regulations.

Section B. FISCAL EFFECT ON STATE GOVERNMENT (Indicate appropriate boxes 1 through 4 and attach calculations and assumptions of fiscal impact for the current year and two subsequent Fiscal Years.)

• Selected option is 4: Other. No fiscal impact because this regulation makes only technical, non-substantive or clarifying changes to conform with current law.

Section C. FISCAL EFFECT ON FEDERAL FUNDING OF STATE PROGRAMS (Indicate appropriate boxes1 through 4 and attach calculations and assumptions of fiscal impact for the current year and two subsequent Fiscal Years.)

• Selected option is 4: Other. No fiscal impact because this regulation makes only technical, non-substantive or clarifying changes to conform with current law.

Fiscal Officer: Signed by Carolyn Nealon dated October 28, 2013

Agency Secretary1 Approval / Concurrence: Signed by Jeannie Oropeza dated October 30, 2013

Department of Finance2 Approval / Concurrence Signature: No signature.

1. The signature attests that the agency has completed the STD.399 according to the instructions in the State Administrative Manual (SAM) sections 6601-6616, and understands the impacts of the proposed rulemaking. State boards, offices, or department not under an Agency Secretary must have the form signed by the highest ranking official in the organization.
2. Finance approval and signature is required when SAM sections 6601-6616 require completion of Fiscal Impact Statement in the STD. 399.

Economic and Fiscal Impact Analysis
Proposed Amendment of Title 5, CCR, Regulations
Special Education (8/28/13)

The Fiscal Policy Office has reviewed for economic and fiscal impact the proposed amended (version 8/28/13) regulations amending Articles: 1; 3; 3.1; 4; 5; 6 and 7 of Subchapter 1, of Chapter 3, of Division 1, of Title 5, of the California Code of Regulations, relating to special education and related services to children with disabilities.

What would the proposed regulations do?

The intent of these proposed regulations is to ensure conformity with the federal IDEA (20 United States Code [U.S.C.] sections 1400 et seq.), its implementing regulations (Section 300.1 et seq. of Title 34 of the Code of Federal Regulations [C.F.R.]), Part 30 of the Education Code and its implementing regulations (section 3001 et seq. of Title 5 of the California Code of Regulations).

These proposed regulations update and clarify rules governing the special education program in California. Many sections of these regulations have not been updated since the State Board of Education (SBE) adopted substantive changes on December 11, 1987, which became operative on April 20, 1988. During this time, there have been numerous statutory changes which have made some of these regulations inoperable, without merit, contrary to current statutes, or in conflict with other germane bodies of law. In addition, the references for many of the current regulations are outdated due to numerous State code changes as well as code changes to Federal statutes and regulations. By amending the regulations, the California Department of Education (CDE) proposes to provide clear direction and reduce confusion for people who are involved in providing special education and related services.

Overarching themes in the proposed changes would accomplish the following:

• Repeal subdivisions that no longer have the force of law due to statutory changes.
• Delete redundant references to criteria defined in statute or elsewhere in the regulations;
• Align the eligibility criteria for infants and toddlers with exceptional needs to current law;
• Update service provider requirements to account for all qualified providers;
• Update language to promote consistency in the regulations: (i.e. replace “local educational agency” with “LEA;” replace “individualized education program” with “IEP;” etc.)

Do the proposed regulations impose a local cost mandate?

No. The proposed amendments to the regulations would not create a new program or higher level of service in an existing program.

Do the proposed regulations impose costs upon the state?

No. The proposed amendments to the regulations do not impose any costs upon the state.

Do the proposed regulations impact the private sector?

No. The proposed amendments to the regulations do not impact the private sector.

This analysis reflects the attached Economic and Fiscal Impact Statement.

Signed by Carolyn Nealon, Consultant, Government Affairs Division, dated October 28, 2013

Signed by Carol Bingham, Senior Fiscal Policy Advisor, Government Affairs Division, dated October 28, 2013